Fitchburg OUI suspect to officer: 'We both know I'm drunk'

FITCHBURG -- Police reports indicate a Fitchburg man got frustrated Sunday evening when he had to go through the motions of sobriety tests while repeatedly insisting he was drunk.

At about 5 p.m., a police officer pulled over a gray Ford traveling erratically on Mechanic Street. The driver, Marshall V. Smith, 42, of 81 Scott Road, reportedly had a Budweiser can in his cup holder and fumbled when he handed over his driver's license.

When asked how much he had to drink, Smith told the officer, "Way too much." When asked if he knew the alphabet he said, "We both know I'm drunk so does it matter?" Smith was asked to start reciting the alphabet starting with the letter "C" and gave up after "D."

In the police report, Smith is said to have told the officer during a balancing test, "Do we even have to bother with this? I already told you I am drunk." The officer told him he would still like to do the test. Once back at the station, Smith stumbled in the booking area and was asked if he was all right. His reply: "Yeah, I'm fine. I'm drunk, remember?"

During a Breathalyzer test, Smith told the police he wished he could finish the beer he started earlier.

Smith is charged with a marked-lanes violation, operating under the influence of alcohol and possession of an open container of alcohol in a motor vehicle. He was arraigned in Fitchburg District Court on Tuesday and released on personal recognizance.

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His next scheduled court appearance is March 21.

Leominster man charged in break-in

LEOMINSTER -- A 43-year-old Leominster man was arrested early Tuesday morning and charged with breaking into a local restaurant, according to court documents.

When police arrived on scene, they observed a man, later identified as Fixx, running out the restaurant's door. Officers pursued the suspect on foot and arrested him about 100 yards from the business. During the brief chase, officers observed at least one black object in Fixx's hand, which he later discarded. When police doubled back to collect the evidence, they located a crowbar and a pair of pliers they believed were used to gain entry into the building.

When police entered the building to retrieve other evidence, they noticed a rear door had been pried open, according to a report filed by Officer Thomas Wade. A piece of glass from a window had also been removed from the casing, his report said.

Wade observed the register open, with receipts scattered on the floor. A piece of glass from a front door was also smashed, according to police.

Fixx told officers a friend of his, named Angel, regularly supplied him with drugs, and had called saying he had a "big score" and needed a lookout, according to Wade's report. Fixx said he stayed in the back alley as a lookout while Angel broke into the business, and that he ran out the front door, breaking the glass, when police arrived on the scene.

There was no sign of car tracks or another person's footprints at the scene. Fixx was charged with nighttime breaking and entering, a felony, as well as vandalizing property and possession of burglary tools, and is being held on $5,000 cash bail. He is due back in court Wednesday for a bail-review hearing.

Woman faces assault charges

LEOMINSTER -- Joyce Malone, of 389 Johnny Appleseed Lane in Leominster, was released on her own personal recognizance, with a promise to return to court March 21, after she was arraigned Tuesday on charges of assault and battery and vandalizing property.

Police responded to 45 Stuart Court on Monday at 10:39 p.m., for a report of a disturbance. On arrival, officers were told by the alleged victim that his ex-girlfriend, identified as Malone, punched out a window at the residence and fled the scene.

The victim said he and Malone had broken up two weeks ago. She had been calling him and sending him text messages, harassing him and accusing him of cheating on her.

He had gone to his friend's home on Stuart Court, and while he was watching television, Malone allegedly stormed through the front door, yelling and screaming.

Malone allegedly began to punch him in the face and chest. The man and a friend were able to bring her outside where she punched the glass out. The victim said Malone appeared to be intoxicated.

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